Relates to the power authority of the state of New York and the public authorities control board; prohibits the power authority from undertaking any project or sale of any asset exceeding one million dollars without the approval from the public authorities control board; provides for factors for such determination; creates a temporary special commission on the restructuring of the power authority of the state of New York; directs the New York state energy research and development authority to conduct studies related to the state's electric transmission system, the state's natural gas infrastructure and a comprehensive energy plan for the down state region of the state.
STATE OF NEW YORK
________________________________________________________________________
1056--B
2011-2012 Regular Sessions
IN SENATE(Prefiled)
January 5, 2011
___________
Introduced by Sens. PARKER, DIAZ, DUANE, HASSELL-THOMPSON, KRUEGER,
PERKINS, SAMPSON, SERRANO, STAVISKY -- read twice and ordered printed,
and when printed to be committed to the Committee on Energy and Tele-
communications -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- recommitted
to the Committee on Energy and Telecommunications in accordance with
Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the public authorities law, in relation to the power
authority of the state of New York and the public authorities control
board, and in relation to directing the New York state energy research
and development authority to conduct a study related to the state's
natural gas infrastructure
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 51 of the public authorities law
2 is amended by adding a new paragraph o to read as follows:
3 o. Power authority of the state of New York
4 § 2. Section 1005 of the public authorities law is amended by adding a
5 new subdivision 11-a to read as follows:
6 11-a. Notwithstanding any other provision of law to the contrary, the
7 authority shall not undertake any project or sale of any asset exceeding
8 one million dollars in value without the approval of the public authori-
9 ties control board created pursuant to article one-A of this chapter.
10 Each application to the public authorities control board shall contain a
11 project description or description of sale and an explanation of why the
12 project or sale meets the standards for project approval or approval of
13 sale set forth in this subdivision. The public authorities control board
14 shall only approve a project or sale proposed by the authority upon its
15 determination that:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02114-03-2
S. 1056--B 2
1 a. the project or sale is financially feasible as the standard as
2 defined in article one-A of this chapter;
3 b. the project or sale is anticipated to result generally in lower
4 utility rates in the state; and
5 c. the project or sale will not materially adversely affect overall
6 real property taxes or utility rates in any areas of the state of New
7 York.
8 § 3. Temporary special commission on restructuring the power authority
9 of the state of New York. 1. There shall be a temporary special commis-
10 sion on restructuring the power authority of the state of New York,
11 which shall possess the powers and duties as specified in this section,
12 and also all powers necessary or proper to enable such commission to
13 carry out the purposes for which it is established. The temporary
14 special commission shall consist of eight members as follows: two of
15 whom shall be appointed by the governor, two of whom shall be appointed
16 by the temporary president of the senate, two of whom shall be appointed
17 by the speaker of the assembly, one of whom shall be appointed by the
18 minority leader of the senate and one of whom shall be appointed by the
19 minority leader of the assembly. Each member shall serve at the pleasure
20 of the respective appointing person. One of the members appointed by
21 the governor shall be selected by the governor to serve as chair of the
22 temporary special commission. The temporary special commission shall be
23 subject to articles 6 and 7 of the public officers law. Each member of
24 the temporary special commission shall be subject to the provisions of
25 article 4 of the public officers law.
26 2. The temporary special commission on restructuring the power author-
27 ity of the state of New York shall have the power and duty to:
28 (a) conduct hearings, discussions, and negotiations among members of
29 the public, affected businesses, and representatives of government; and
30 (b) issue a final report to the governor and legislature detailing
31 recommendations on restructuring the power authority of the state of New
32 York, including, but not limited to, the following issues: the divesti-
33 ture of such authority's non-hydroelectric generation assets; such
34 authority's role as a transmission provider; such authority's role in
35 the power for jobs and economic development power programs; such author-
36 ity's energy efficiency programs; such authority's relationship with,
37 and obligation to, host communities, including, but not limited to,
38 payments-in-lieu of taxes to local municipalities and school districts,
39 economic development investments, and community revitalization initi-
40 atives; and such authority's role in a deregulated energy market. On or
41 before September 1, 2013 such commission shall transmit such report to
42 the governor, the speaker of the assembly, the minority leader of the
43 assembly, the temporary president of the senate, the minority leader of
44 the senate, the chairman of the assembly energy committee and the chair-
45 man of the senate energy and telecommunications committee.
46 § 4. The public authorities law is amended by adding a new section
47 1855-a to read as follows:
48 § 1855-a. Natural gas supply and infrastructure study. 1. The authori-
49 ty shall undertake a study of issues, including but not limited to the
50 supply, transportation, pipeline capacity, distribution and storage of
51 natural gas in New York state. The authority may contract with an inde-
52 pendent and competitively selected contractor to undertake such study.
53 The authority shall prepare a report on its findings and legislative
54 recommendations. On or before September first, two thousand thirteen,
55 the authority shall transmit such report to the governor, the temporary
56 president of the senate, the speaker of the assembly, the chairman of
S. 1056--B 3
1 the senate energy and telecommunications committee and the chairman of
2 the assembly energy committee.
3 2. The study shall include, at a minimum, an assessment of each of the
4 following:
5 (a) current utility practices in procuring the commodity of natural
6 gas and a comparison, by utility territory in the state, of impacts on
7 rates for end-use customers; (b) the current and projected adequacy of
8 the natural gas infrastructure, including transportation, pipeline
9 capacity, distribution and storage in New York state; (c) adequacy of
10 transportation and distribution in densely populated areas of the state
11 and in rural areas of the state; (d) investment in infrastructure,
12 including capital improvements, utilization of new technology, expan-
13 sions, and maintenance; (e) the adequacy of transportation and distrib-
14 ution infrastructure in areas where natural gas fueled electric generat-
15 ing plants are proposed; (f) indigenous sources of natural gas in the
16 state; (g) workforce adequacy, including the availability of skilled
17 laborers and the adequacy of skills training and apprenticeship
18 programs; and (h) the potential impact of distributed generation and
19 combined heat and power systems on natural gas transportation and
20 distribution system adequacy.
21 § 5. This act shall take effect immediately.
